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U.S. v. VASTOLA

Crim. A. No. 86-301(SSB).

830 F.Supp. 250 (1993)

UNITED STATES of America, v. Gaetano VASTOLA, et al., Defendants.

United States District Court, D. New Jersey.

August 17, 1993.

Attorney(s) appearing for the Case

Michael Chertoff, U.S. Atty. by Bruce Repetto, Marion Percell, Asst. U.S. Attys., Newark, NJ, for U.S.

Michael Rosen, Joy Vastola, New York City, and Diarmuid White, Herald Price Fahringer, for defendant Gaetano Vastola.

OPINION

BROTMAN, District Judge.

Presently before the court is a narrow issue on remand from the Third Circuit Court of Appeals concerning the suppression of certain electronic surveillance tapes under the Wiretap Act, 18 U.S.C. § 2518(8)(a). In particular, the court must determine whether a government attorney who made an unreasonable mistake of law as to when these tapes were required to be sealed nevertheless acted in a reasonably prudent manner...

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